CHAPTER Saf-C 1800 COMMERCIAL DRIVER LICENSING
PART Saf-C 1801 APPLICABILITY
Saf-C
1801.01 Applicability. These rules shall be applicable to all
persons who drive a commercial motor vehicle as defined in RSA 259:12-e.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C
1801.02 Exemption From
the Commercial Driver License Requirements.
(a)
Notwithstanding any other rule to the contrary, the requirements for a
person to possess a commercial driver license shall not apply to the following:
(1) Fire service personnel driving emergency
vehicles assigned or registered to a department or fire service organization in
pursuit of fire service purposes;
(2) Persons who drive recreational vehicles, as
defined in RSA 259:84-a;
(3) Non-civilian military personnel driving
military vehicles in pursuit of military purposes; and
(4) Persons driving vehicles used exclusively for
agriculture and farming, provided the vehicle is driven within a 150 mile radius from the main entrance of the farm.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
PART
Saf-C 1802
DEFINITIONS
Saf-C 1802.01 “Applicant” means a person intending to
fulfill statutory and administrative requirements to hold a valid
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.02);
ss by #10523, eff 2-18-14
Saf-C
1802.02 “Commercial driver” means
“commercial driver” as defined in RSA 259:12.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.03);
ss by #10523, eff 2-18-14
Saf-C
1802.03 “Commercial driver learner permit”
means “commercial driver learner permit” as defined in RSA 259:12-b.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff
9-25-04, EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.03); ss by #10523, eff 2-18-14
Saf-C
1802.04 “Commercial driver license” means
“commercial driver license” as defined in RSA 259:12-c.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.04);
ss by #10523, eff 2-18-14
Saf-C
1802.05 “Commercial driver license
information system” means “commercial driver license information system” as
defined in RSA 259:12-d.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.06);
ss by #10523, eff 2-18-14
Saf-C 1802.06 “Commercial motor vehicle” means “commercial
motor vehicle” as defined in RSA 259:12-e.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.07);
ss by #10523, eff 2-18-14
Saf-C
1802.07 “Conviction” means “conviction”
as defined in RSA 259:14, II.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05
(formerly Saf-C 1801.08); ss by #10523, eff 2-18-14
Saf-C
1802.08 “Department” means “department” as defined in RSA 259:19.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.09);
ss by #10523, eff 2-18-14
Saf-C
1802.09 “Director” means “director” as defined in RSA 259:20.
Source. #4983, eff 11-16-90; ss by #6298, INTERIM,
eff 8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM,
eff 9-25-04, EXPIRED: 3-24-05
New. #8405, eff 8-2-05 (formerly Saf-C 1801.10);
ss by #10523, eff 2-18-14
Saf-C 1802.10 “Disqualification” means “disqualification” as defined in RSA
259:20-a.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.11);
ss by #10523, eff 2-18-14
Saf-C
1802.11 “Division” means “division” as defined in RSA 259:22.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.12);
ss by #10523, eff 2-18-14
Saf-C
1802.12 “Employer” means “employer” as defined in RSA 259:28-a.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.13);
ss by #10523, eff 2-18-14
Saf-C
1802.13 “Endorsement” means an authorization
from the department to a person's commercial driver license that permits the
person to operate a certain type(s) of commercial motor vehicle(s).
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.14);
ss by #10523, eff 2-18-14
Saf-C
1802.14 “Examination” means a knowledge, road skills and visual acuity test, or
any combination thereof.
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C
1802.15 “Gross combination weight rating
(GCWR)” means “gross combination weight rating or GCWR” as defined in RSA
259:38-a.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.15);
ss by #10523, eff 2-18-14
Saf-C
1802.16 “Gross vehicle weight rating
(GVWR)” means “gross vehicle weight rating or GVWR” as defined in RSA 259:38-b.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.16); ss
by #10523, eff 2-18-14
Saf-C
1802.17 “Hazardous materials” means “hazardous
materials” as defined in RSA 259:40.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.17);
ss by #10523, eff 2-18-14
Saf-C
1802.18 “Major traffic violation” means
any of the violations identified in RSA 263:94, I.
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C
1802.19 “Mailing address” means
specification of the location where a person regularly receives properly
addressed mail via the
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.18);
ss by #10523, eff 2-18-14
Saf-C 1802.20 “Original
commercial driver license” means the first
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C
1802.21 “Legal address” means specification of the location
where a person makes his/her residence. The term does not include addresses
consisting solely of a post office box number.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.19);
ss by #10523, eff 2-18-14
Saf-C
1802.22 "Person" means a human
being.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.20);
ss by #10523, eff 2-18-14
Saf-C
1802.23 “Recreation vehicle” means
“recreation vehicle” as defined in RSA 259:84-a.
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C
1802.24 “Residence” means “residence” as
defined in RSA 21:6-a.
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C 1802.25 “Resident” means “resident” as defined in RSA
21:6.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.21);
ss by #10523, eff 2-18-14
Saf-C 1802.26 “Serious
traffic violation” means “serious traffic violation” as defined in RSA
259:98-a.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.22);
ss by #10523, eff 2-18-14
Saf-C
1802.27 “State” means “state” as defined
in RSA 259:106, III.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.23);
ss by #10523, eff 2-18-14
Saf-C
1802.28 “Tank vehicle” means any
commercial motor vehicle that is designed to transport any liquid or gaseous
materials within a tank or tanks having an individual rated capacity of more
than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that
is either permanently or temporarily attached to the vehicle or the chassis. The term does not include a commercial motor
vehicle transporting an empty storage container tank, not designed for
transportation, with a rated capacity of 1,000 gallons or more that is
temporarily attached to a flatbed trailer.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.24);
ss by #10523, eff 2-18-14
Saf-C
1802.29 “Vehicle” means “vehicle” as
defined in RSA 259:122, I.
Source. #8405, eff 8-2-05 (formerly Saf-C 1801.25);
ss by #10523, eff 2-18-14
Saf-C
1802.30 “Vehicle group” means a class or
type of vehicle with certain operating characteristics.
Source. #10523, eff 2-18-14
PART
Saf-C 1803 COMMERCIAL
DRIVER LICENSE APPLICATION REQUIREMENTS
Saf-C
1803.01 Application Form.
(a)
The department shall furnish application form DSMV 312 at any substation
or the:
Division
of Motor Vehicles
(b)
Each applicant shall complete and submit form DSMV 312, in person to a
division substation.
(c)
Applicants shall submit form DSMV 312 to a division substation for each
of the following:
(1) Original commercial driver license;
(2) Renewal commercial driver license;
(3) Duplicate commercial driver license; and
(4) Replacement commercial driver license.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1802.01);
ss by #10523, eff 2-18-14
Saf-C
1803.02 Application, Data Required.
(a)
Each applicant shall furnish the following on form DSMV 312:
(1) Whether the applicant is a
(2) Legal name;
(3) Legal address;
(4) Mailing address;
(5) Social security number, if required pursuant
to RSA 263:90, I(d);
(6) Date of birth;
(7) Sex, height, weight, color of eyes and color
of hair;
(8) State/country where previous driver license
was held, if applicable, including:
a. Driver license number and class;
b. Any restrictions or endorsements on driver license;
c. Expiration date; and
d. Exact name on driver license;
(9) Class(es) of commercial driver license and
endorsement(s) requested;
(10) Whether the vehicle the applicant intends to
operate is equipped with air brakes;
(11) The following certified statements:
a. The applicant is a resident of this state;
b. The applicant has paid all resident taxes for
which he/she is liable;
c. The applicant's driving privileges are not
subject to or under default, suspension or revocation by any state or country;
d. Whether the applicant is required to file
proof of insurance with the director as a result of a default, suspension,
revocation or motor vehicle accident by any state or country;
e. Whether the applicant has been disqualified
from operating any motor vehicle within the previous 2 years;
f. The applicant meets the federal driver
qualifications and requirements for
interstate
commerce;
g. Whether the applicant has held a valid
commercial driver license, other than the one issued by the state of primary
residence, during the 10 years immediately prior to making application; and
h. Whether the applicant has been involved in a
motor vehicle accident which resulted in a violation of any local or state
motor vehicle law within the previous 2 years;
(12) Whether the applicant wants only his/her
mailing address to appear on the commercial driver license;
(13) Whether the applicant, who is at least 18
years of age, wants to register with the Selective Service;
(14) Declaration of applicant’s medical
certificate status indicating one of the following:
a. Non-excepted interstate - A person shall
certify that he/she operates or expects to operate in interstate commerce, is
both subject to and meets the qualification requirements under 49 CFR part 391,
and is required to obtain a medical examiner's certificate by section 391.45
thereof;
b. Excepted interstate - A person shall certify
that he/she operates or expects to operate in interstate commerce, but engages
exclusively in transportation or operations excepted under 49 CFR 390.3(f),
391.2, 391.68,
or 398.3
from all or parts of the qualification requirements of 49 CFR part 391,
and is therefore not required to obtain a medical examiner's certificate by section 391.45
thereof;
c. Non-excepted
intrastate - A person shall certify that he/she operates only in intrastate
commerce and therefore is subject to State driver qualification requirements;
or
d. Excepted intrastate - A person shall certify
that he/she operates in intrastate commerce, but engages exclusively in
transportation or operations excepted from all or parts of the State driver
qualification requirements;
(15) Signature of the applicant; and
(16) Whether the applicant has any physical or
mental handicaps which are detrimental or would incapacitate the applicant from
holding a license.
(b)
Prior to the issuance of an original commercial driver license, each
applicant shall furnish the director with positive proof of identification,
pursuant to the requirements set forth in Saf-C
1002.03.
(c)
Prior to the issuance of a commercial driver license, each applicant who
is a non-United States citizen, shall meet the requirements set forth in Saf-C 1002.06.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1802.02);
ss by #10523, eff 2-18-14
Saf-C
1803.03 Application Fee.
(a)
Each applicant shall submit form DSMV 312 and the statutory fee,
pursuant to RSA 263:42, to the division.
(b)
Payment shall be made in the form of cash, check, money order or accepted
credit cards.
(c)
Checks and money orders shall be made payable to "State of
(d)
The renewal fee required by this section shall be waived for members of
the armed forces if the applicant meets the requirements of RSA 263:11 and (e)
below.
(e)
Each applicant for a fee waiver shall furnish the following on form DSMV
76:
(1) An affidavit, which shall include:
a. Legal name;
b.
c. Branch of the armed forces;
d. City or town where the applicant entered the
armed forces;
e. Certification that the applicant's tour of
duty is for 2 or more years;
f. Date on which the tour of duty shall terminate;
g. Certification that the applicant's driving
privileges are not under suspension or revocation by any other state or country;
h. Service number; and
i. Date of birth;
(2) Signature of the applicant, made in the
presence of a commissioned officer; and
(3) Signature and rank of a commissioned officer
certifying that the applicant signed the affidavit in his/her presence.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1802.03);
ss by #10523, eff 2-18-14
Saf-C
1803.04 RESERVED
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; rpld
by #10523, eff 2-18-14
Saf-C
1803.05 Renewal Commercial Driver
License - Hazardous Material Endorsement.
(a)
Each applicant for a renewal commercial driver license with a hazardous
materials endorsement shall complete the following in the order reflected:
(1) The visual acuity examination set forth in Saf-C 1004; and
(2) The knowledge examination set forth in Saf-C 1805.01(b)(7).
(b)
In addition to (a) above, each applicant for a renewal commercial driver
license with a hazardous materials endorsement shall provide fingerprints in order to complete the Transportation Security Administration
security threat assessment process, as required by 49 CFR 383.141.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C
1803.06 Age Requirements for
Commercial Driver.
(a)
Pursuant to RSA 263:27, a commercial driver license shall not be issued
to any person less than 18 years of age.
(b)
Pursuant to the requirements of 49 CFR 391.11, any commercial driver who
intends to drive interstate shall be at least 21 years of age.
(c)
Pursuant to the requirements of 49 CFR 391.11, any commercial driver who
intends to transport hazardous materials shall be at least 21 years of age.
(d)
Notwithstanding (a) above, pursuant to RSA 263:22, a commercial driver
license shall be issued to a person between the ages of 16 and 18, in order to drive a motor vehicle with a manufacturer’s
rating of 18,000 pounds or less, in the event of the following:
(1) A war emergency exists; and
(2) The person meets all other statutory and
administrative requirements for a commercial driver license.
(e)
Notwithstanding any other rule to the contrary, pursuant to RSA 21-P:18,
a commercial driver license shall be issued to a person between the ages of 18
and 21 who intends to drive intrastate any vehicle carrying home heating oil
for the purpose of making retail deliveries of such home heating oil.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1802.06);
ss by #10523, eff 2-18-14
Saf-C
1803.07 Applicant with Out of State
Address. An application for a
commercial driver license that does not bear a legal address within the state
of
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C
1803.08 Application Rejected.
(a)
All applications shall be reviewed by the division in accordance with
RSA 541-A:29.
(b)
The applicant shall be notified of any apparent errors or omissions and
allowed to resubmit the application to the division.
(c)
In the event an applicant fails to comply with an applicable statute or
rule, the application shall not be processed and the
applicant shall be notified of the reason(s) for the rejection.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C
1803.09 Application Accepted.
(a)
Upon completion of an application, each applicant who is not required to
complete a road skills examination may appear at any driver licensing office
during regular business hours.
(b)
Upon receipt of a completed application and applicable knowledge
examinations, the division shall give an applicant who is required to complete
a road skills examination an appointment to personally appear at a designated
location.
(c)
The appointment set forth in (b) above, shall include the following:
(1) Applicant's name, legal address and date of birth;
(2) Location and time; and
(3) Notification that the applicant shall be
required to provide proof of positive identification.
(d)
In the event it is necessary to reschedule an appointment, the
department will make all reasonable attempts to notify the applicant of the
change. Notice of rescheduling shall be sent, in writing, to the applicant.
(e)
In the event an applicant fails to give the division at least 24 hours
notice of his/her inability to appear for a scheduled appointment, a notice of
rescheduling shall be sent to the applicant, with a scheduled time to appear no
sooner than 6 weeks after the date of the initial appointment.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C
1803.10 Renewal Notification.
(a)
The director shall mail a renewal notification to each person holding a
valid
(b)
The renewal notification shall be mailed to the person's mailing
address.
(c)
Notwithstanding the provisions of this section, when a computer system
failure, incorrect mailing address, interruption of postal service or other
difficulty prevents the preparation, mailing or receipt of the notification, it
shall be the applicant's responsibility to obtain and complete an application
form prior to the expiration date of the commercial driver license.
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
PART
Saf-C 1804
ORIGINAL COMMERCIAL DRIVER LICENSE: EXAMINATIONS REQUIRED
Saf-C
1804.01 Original Commercial Driver
License and Endorsements: Examinations Required.
(a)
Each applicant for an original commercial driver license or
endorsements, unless otherwise provided in these rules, shall satisfactorily
complete the following in the order reflected:
(1) The visual acuity examination set forth in Saf-C 1004;
(2)
The appropriate knowledge examination(s)
set forth in Saf-C 1805.01(b); and
(3) The road skills examination set forth in Saf-C 1806.01.
(b)
In the event an applicant’s New Hampshire commercial driver license has
been expired, suspended or revoked for a period in
excess of 3 years prior to receipt of the commercial driver license application,
the applicant shall complete the requirements set forth in (a) above.
(c)
Each applicant for an endorsement to a commercial driver license shall
satisfactorily complete the following:
(1) For a double/triple endorsement, required if
the applicant intends to pull a double or triple trailer:
a. The visual acuity examination set forth in Saf-C 1004; and
b. The knowledge examination set forth in Saf-C 1805.01(b)(4);
(2) For a passenger vehicle endorsement, required
if the applicant intends to drive a vehicle designed to transport 16 or more
persons, including the operator:
a. The visual acuity examination set forth in Saf-C 1004;
b. The knowledge examination set forth in Saf-C 1805.01(b)(5); and
c. The road skills examination set forth in Saf-C 1806.01;
(3) For a tank vehicle endorsement, required if
the applicant intends to transport liquid or gaseous materials:
a. The visual acuity examination set forth in Saf-C 1004; and
b. The knowledge examination set forth in Saf-C 1805.01(b)(6);
(4) For a hazardous materials endorsement,
required if the applicant intends to transport hazardous materials:
a. The visual acuity examination set forth in Saf-C 1004;
b. The knowledge examination set forth in Saf-C 1805.01(b)(7); and
c. Provide fingerprints in
order to complete the Transportation Security Administration security
threat assessment process, as required by 49 CFR 383.141; and
(5) For a school bus endorsement, required if the
applicant intends to drive a school bus designed to transport 16 or more
persons, including the operator:
a. The visual acuity examination set forth in Saf-C 1004;
b. The knowledge examination set forth in Saf-C 1805.01(b)(5), if not already taken and passed;
c. The knowledge examination set forth in Saf-C 1805.01(b)(8), as
referenced in Saf-C 1304.01; and
d. The road skills examination set forth in Saf-C 1806.01.
(d)
Each applicant for an original commercial driver license who is a
non-United States citizen shall meet the requirements set forth in Saf-C 1003.04.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1803.01);
ss by #10523, eff 2-18-14
Saf-C
1804.02 Original Commercial Driver
License From Another Jurisdiction, Examinations
Required.
(a)
Each applicant who surrenders a valid commercial driver license issued
by another jurisdiction or a commercial driver license by another jurisdiction
which has expired no more than 12 months prior to the date of its surrender
shall satisfactorily complete the following in the order reflected:
(1) The visual acuity examination set forth in Saf-C 1004; and
(2) The road skills examination set forth in Saf-C 1806.01, in the event the director determines that:
a. The licensing standards of the jurisdiction
in which the applicant is licensed does not comply with the standards set forth
in this chapter; or
b. The applicant might be a hazard to public
safety as a result of an apparent physical or
psychological impairment.
(b)
Each applicant who surrenders a commercial driver license from another
jurisdiction which has expired more than 12 months prior to the date of its
surrender or who does not hold a commercial driver license from another
jurisdiction shall satisfactorily complete the following in the order
reflected:
(1) The visual acuity examination set forth in Saf-C 1004;
(2)
The appropriate knowledge examination(s) set forth in Saf-C
1805.01(b); and
(3) The road skills examination set forth in Saf-C 1806.01.
(c)
Each applicant who surrenders a commercial driver license from another
jurisdiction with a hazardous materials endorsement which he/she requests to
retain shall complete the following in the order reflected:
(1) The visual acuity examination set forth in Saf-C 1003.04; and
(2) The knowledge examination set forth in Saf-C 1805.01(b)(7).
(d)
In addition to (c)(1) and (2) above, each applicant who surrenders a
commercial driver license from another jurisdiction with a hazardous materials
endorsement which he/she requests to retain shall provide fingerprints, unless
the applicant can prove that fingerprints were submitted to the jurisdiction
which issued the hazardous materials endorsement within the previous 5 months.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1803.02);
ss by #10523, eff 2-18-14
Saf-C
1804.03 Commercial Motor Vehicle
Groups.
(a)
Operation of any combination of vehicles with a gross combination weight
rating of 26,001 or more pounds, provided the vehicle(s) being towed has a
gross vehicle weight rating of 10,001 pounds or more, shall require a class A
commercial driver license. Holders of a class A commercial driver license may,
with the appropriate endorsements, operate all vehicles within class B and C.
(b)
Operation of any single vehicle with a gross vehicle weight rating of
26,001 or more pounds, or any such vehicle towing a vehicle with a gross vehicle
weight rating of 10,000 pounds or less, shall require a class B commercial
driver license. Holders of a class B
commercial driver license may, with the appropriate endorsements, operate all
vehicles within class C.
(c)
Operation of any single vehicle or any combination of vehicles with a
gross vehicle weight rating of 26,000 pounds or less, which are required to be placarded for hazardous materials or
designed to transport 16 or more persons, including the operator, or transporting
any liquid or gaseous materials within a tank or tanks having an individual
rated capacity of more than 119 gallons and an aggregate rated capacity of
1,000 gallons or more that is either permanently or temporarily attached to the
vehicle or the chassis shall require a class C commercial driver license.
(d)
Each holder of a class C commercial driver license who requests an
upgrade to a class B or class A commercial driver license shall satisfactorily
complete the following in the order reflected:
(1) The appropriate knowledge examination(s) set
forth in Saf-C 1805.01(b); and
(2) The road skills examination set forth in Saf-C 1806.01.
(e)
Each holder of a class B commercial driver license who requests an
upgrade to a class A commercial driver license shall satisfactorily complete
the following in the order reflected:
(1) The appropriate knowledge examination(s) set
forth in Saf-C 1805.01(b); and
(2) The road skills examination set forth in Saf-C 1806.01.
Source. #8405, eff 8-2-05, (formerly Saf-C 1803.03); ss
by #10523, eff 2-18-14
PART
Saf-C 1805
KNOWLEDGE EXAMINATION REQUIREMENTS
Saf-C
1805.01 Knowledge Examinations:
Description.
(a)
For the purposes of this section, "New Hampshire commercial
driver's manual" means a guide distributed by the department to all
commercial driver license applicants to assist them in studying for the road
skills and written examinations.
(b)
Knowledge examinations shall consist of the following:
(1) A 50 question
multiple choice general knowledge test for all applicants;
(2) A 25 question
multiple choice test for applicants who request to drive vehicles equipped with
air brakes;
(3)
A 20 question
multiple choice test for applicants who request to drive combination vehicles;
(4) A 20 question
multiple choice test for applicants who request to drive double and triple
trailers;
(5) A 20 question
multiple choice test for applicants who request to drive passenger vehicles
designed to transport 16 or more persons, including the operator;
(6) A 20 question
multiple choice test for applicants who request to drive tank vehicles;
(7) A 30 question
multiple choice test for applicants who request to drive vehicles which
transport hazardous materials requiring placarding; and
(8) A 20 question
multiple choice test for applicants who request to drive school buses designed
to transport 16 or more persons, including the operator.
(c)
Each question shall focus on the
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1803.04);
ss by #10523, eff 2-18-14
Saf-C
1805.02 Knowledge Examination:
Administration.
(a) The passing grade for each knowledge
examination shall be 80 percent.
(b) Each applicant discovered cheating, copying,
or consulting with any person other than
authorized licensing personnel, shall be immediately disqualified and
re-scheduled for an examination no sooner than 30 days later. Each disqualified
applicant shall not be required to repay any fees.
(c) Each applicant for an original commercial
driver license shall pass the knowledge examination prior to taking the road
skills examination.
(d) Knowledge examinations shall be valid for a
period of one year from the date of issue of the individual’s first commercial driver
learner permit.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1803.05); ss by #10523, eff 2-18-14
Saf-C
1806.01 Road Skills Examination:
Description. The road skills
examination shall consist of the following in the order reflected:
(a)
Pre-trip safety inspection;
(b) Off-road skills; and
(c)
On-road skills.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1803.06);
ss by #10523, eff 2-18-14
Saf-C
1806.02 Pre-Trip Safety Inspection.
(a)
Using the pre-trip safety inspection, the department shall determine
whether the applicant knows that the vehicle is safe to drive. Each applicant
shall pass the pre-trip safety inspection in the event he/she successfully
identifies and inspects 80% of the required components listed in (c)(1)-(24)
below.
(b)
Notwithstanding (a) above, each applicant shall immediately fail the
pre-trip safety inspection in the event he/she receives a failing mark in
(c)(7) or (c)(9) below.
(c)
Each applicant shall inspect the following items on his/her vehicle, if
the vehicle is so equipped:
(1) Exterior lights;
(2) Horn;
(3) Splash guards;
(4) Fluid levels;
(5) Belts and hoses;
(6) Fluid leaks;
(7) Tires, wheels, lugs and rims;
(8) Springs/shock absorbers;
(9)
Brake system components including drums, linings, cylinders, hoses and governor;
(10) Axle seals;
(11) Doors and mirrors;
(12) Emergency equipment;
(13) Fuel tanks;
(14) Air/electrical lines and connectors;
(15) Fifth wheel assembly;
(16) Trailer support assembly or landing gear;
(17)
(18) In-cab brake system components;
(19) Gauges;
(20) Windows/wipers;
(21) Heater/defroster;
(22) Panel lights;
(23) Controls; and
(24) Seat belts.
(d)
In addition to (c) above, each applicant for a passenger vehicle
endorsement shall inspect the following items on his/her vehicle to ensure that
all items are present and functional:
(1) Fire extinguisher;
(2) Passenger entry doors;
(3) Emergency exits; and
(4) Seats and interior.
Source. #4901, eff 8-3-90; amd by #5764, eff
12-28-93; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04, EXPIRED:
3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C
1806.03 Off-Road Skills.
(a)
Using the off-road skills examination, the department shall determine
whether the applicant has the basic ability to control the vehicle. The
off-road skills examination shall consist of various exercises marked by lines,
traffic cones, or rope.
(b)
The off-road skills examination shall include all of
the following maneuvers:
(1) Straight-line backing, which shall include:
a. Control of vehicle;
b. Pullups; and
c. Use of mirrors;
(2) Forward stopping, which shall include
position after a stop;
(3) Alley docking, consisting of performing a 90
degree turn and backing up the length of the trailer to a dock, which shall
include:
a. Striking a marker or a curb;
b. Final position;
c. Pullups; and
d. Number of times getting out of vehicle; and
(4) Parallel parking, consisting of both
conventional and sight side parallel parking, which shall include:
a. Striking a marker or a curb;
b. Final position;
c. Pullups; and
d. Number of times getting out of vehicle.
(c)
Point values shall be assigned to each maneuver. Each time a maneuver is
not made in compliance with this section, the applicant shall have one demerit
point deducted from his/her score.
(d)
Each applicant shall fail the off-road skills examination if he/she
receives 10 demerit points after any one maneuver or 12 demerit points after
any 2 or 3 maneuvers.
(e)
Notwithstanding (d) above, the off-road skills examination shall be
immediately discontinued and counted as a failure in the event of any of the
following:
(1) Failure to wear seatbelt while vehicle is in motion;
(2) Failure to set parking brake when exiting the
vehicle; or
(3) Hitting or running over any object.
(f)
Each applicant who fails the off-road skills examination shall not be
permitted to proceed to the on-road skills portion of the examination.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff
8-3-96, EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C
1806.04 On-Road Skills.
(a)
Using the on-road skills examination, the department shall determine
whether the applicant has the ability to drive safely
in a variety of on-the-road situations.
(b)
The on-road skills examination shall consist of a qualitative evaluation
of the applicant’s abilities and skills in the following general categories:
(1) Caution:
a. At intersection or railroad grade crossing;
b. When changing lanes;
c. Upon entering or exiting a highway; and
d. When pulling away from curb;
(2) Grade control, which shall include:
a. Amount of roll-back;
b. Setting of the wheel and controls; and
c. Upgrades and downgrades;
(3) Signs/traffic signals, which shall include:
a. Obedience to signs and signals;
b. Position after a stop; and
c. Failing to make a full stop;
(4) Right and left turns, which shall include:
a. Swinging too wide;
b. Cutting too short;
c. Starting from the wrong lane; and
d. Ending in the wrong lane;
(5) Right of way, which shall include:
a. Other vehicles;
b. Pedestrians;
c. Emergency vehicles; and
d. Accepting right of way;
(6) Speed control, which shall include:
a. Over the speed limit;
b. Too slow or needless stops;
c. Basic speed;
d. Turns and curves;
e. Approaching corners;
f. Upon entering or exiting a highway; and
g. Following distances;
(7) Lane usage, which shall include:
a. Choice of proper lane;
b. Position in the lane; and
c.
Smoothness;
(8) Reaction to hazards, which shall include:
a. Dangerous maneuvers;
b. Striking an object;
c. Lack of control; and
d. Scanning for hazards; and
(9) Railroad grade crossings, which shall
include:
a. Use of flashers; and
b. Proper crossing.
(c)
Point values shall be assigned to each maneuver. Each time a maneuver is not made in
compliance with this section, the applicant shall have one demerit point
deducted from his/her score.
Source. #8405, eff 8-2-05; ss by #10523, eff 2-18-14
Saf-C
1806.05 Road Skills Examination
Failure.
(a)
Each applicant shall fail the road skills examination if he/she receives
21 demerit points or more out of a possible 100.
(b)
Notwithstanding (a) above, the examination shall be immediately discontinued
and counted as a failure in the event of any of the following:
(1) Striking another vehicle, a pedestrian, or
any fixed object;
(2)
Improper action causing collision or near-collision of other vehicles in the
immediate vicinity;
(3) Action requiring driving by another driver or
dodging by a pedestrian to prevent collision;
(4) Action requiring an examiner to come to the
aid of the applicant in controlling the vehicle;
(5) Stalling the vehicle within a busy
intersection because of inexperience or lack of skill;
(6) Driving 2 wheels over the curb or onto the sidewalk;
(7) Committing any driving maneuver, either
because of lack of skill or caution, which causes immediate danger to any
person or property;
(8) Lack of control to the point where the
examiner believes continuation of the examination would be dangerous;
(9) Serious violation of any traffic laws;
(10) Refusal to try any maneuver; or
(11) Repeated failure to follow instructions.
(c)
The examination shall not be immediately discontinued and counted as a
failure if, in the judgment of the examiner, any of the occurrences set forth
in (b)(1) through (9) above were unavoidable.
(d)
For the purposes of this section, it shall be considered a failure when
an applicant fails to appear for a scheduled road skills examination, without
canceling or otherwise notifying the division within 24 hours of the
examination.
Source. #8405, eff 8-2-05, (formerly Saf-C 1803.07);
ss by #10523, eff 2-18-14
Saf-C
1806.06 Road Skills Examination
Vehicle.
(a)
The applicant shall provide the test vehicle for completion of the road
skills examination.
(b)
Test vehicles shall comply with all
(c)
The vehicle's size, weight, character and
equipment shall conform with the class of commercial driver license requested.
(d)
The vehicle shall provide the examiner with a permanently attached seat
which allows the examiner accessibility to vehicle control mechanisms.
(e)
No person shall be allowed to ride in the test vehicle during a road
skills examination, other than the applicant, the examiner and if applicable,
an examiner in training.
Source. #8405, eff 8-2-05, (formerly 1803.08); ss by
#10523, eff 2-18-14
Saf-C
1806.07 Re-Examination After Failure.
(a)
In the event an applicant fails to complete a knowledge examination or
road skills examination prescribed herein, no further examinations shall be
administered on that date unless, upon the request of the applicant, the
director determines that:
(1) The reason(s) for failure are unlikely to be
repeated without further education or practice; and
(2) There are sufficient staff and time available
for retesting on that date.
(b) The applicant shall be advised of the
specific reason(s) for failure and the director shall designate a subsequent
date for a re-examination, which shall be no sooner than 10 days after failure
of the examination.
(c)
Each applicant may apply to be re-examined on form DSMV 329.
(d)
Each applicant shall furnish the following on form DSMV 329:
(1) Legal name;
(2) Legal address;
(3) Mailing address;
(4) Social security number, if required pursuant
to RSA 263:90(d);
(5) Date of birth and sex of applicant;
(6) Class(es) of commercial driver license requested;
(7) Endorsement(s) requested; and
(8) Signature of the applicant and date signed.
Source. #8405, eff 8-2-05 ss by #10523, eff 2-18-14
Saf-C
1806.08 CDL Skills Test Waiver for
Certain Military Applicants.
(a)
Notwithstanding any other rule to the contrary, the road skill
examination set forth above, shall be
waived upon
receipt of a completed CDL Skills Test Waiver Military Application (DSMV609)
which includes;
(1) A self certification that, during the 2-year
period immediately prior to applying for a CDL, the applicant:
a. Has not had more than one license, except for
a military license;
b. Has not had any license suspended, revoked,
or cancelled;
c. Has not had any convictions for any type of
motor vehicle for the disqualifying offenses contained in 49 CFR 383.51(b);
d. Has not had more than one conviction for any
type of motor vehicle for serious traffic violations contained in 49 CFR
383.51(c); and
e. Has not had had any conviction for a
violation of military, State or local law relating to motor vehicle traffic
control, other than a parking violation, arising in connection with any traffic
accident, and has no record of an accident in which the applicant was at fault;
and
(2) The applicant must provide evidence and
certify that the applicant:
(a) Is regularly employed or was regularly
employed within the last 90 days in a military position requiring operation of
a CMV;
(b) Was exempted from the CDL requirements in 49
CFR 383.3(c); and
(c) Was operating
a vehicle representative of the CMV the driver applicant operates or expects to
operate, for at least the 2 years immediately preceding discharge from the
military.
Source. #10523, eff 2-18-14
PART
Saf-C 1807
COMMERCIAL DRIVER LICENSE RESTRICTIONS
Saf-C
1807.01 Commercial Driver License
Restrictions.
(a)
In addition to the restrictions set forth in RSA 263:13 and Saf-C 1008, a restriction for air brakes
shall
be applicable to commercial drivers.
(b)
Each applicant's commercial driver license shall indicate that the
driver is restricted from driving a
commercial
motor vehicle equipped with air brakes in the following situations:
(1) The applicant has failed the knowledge
examination set forth in Saf-C 1805.01(b)(2); or
(2) The applicant has not previously passed the
road skills examination set forth in Saf-C 1806.01 in
a vehicle equipped with air brakes.
(c)
For the purposes of the road skills examination, brakes which operate
fully or partially as air
brakes
shall satisfy the air brake requirement.
(d)
If an applicant
performs the skills test in a vehicle equipped with air over hydraulic brakes,
that
person
shall be restricted from operating a CMV equipped with any braking system
operating fully on the air
brake
principle.
Source. #4901, eff 8-3-90; ss by #6298, INTERIM, eff 8-3-96,
EXPIRES: 12-1-96; ss by #6338, eff 9-25-96; ss by #8182, INTERIM, eff 9-25-04,
EXPIRED: 3-24-05
New. #8405, eff 8-2-05, (formerly Saf-C 1804.01);
ss by #10523, eff 2-18-14
Saf-C
1807.02 Removal of Commercial Driver
License Restriction.
(a)
Each driver who requests to have a restriction removed from his/her
commercial driver license
shall
comply with the provisions of Saf-C 1008.07.
(b)
Each commercial driver who requests removal of a restriction shall
furnish the following on form
DSMV
329:
(1) Legal name;
(2)
Legal address;
(3) Mailing address;
(4) Date of birth;
(5) Driver license number;
(6) Social security number, if required pursuant
to RSA 263:90, I(d);
(7) Indication of the restriction to be removed;
and
(8) Signature of the applicant and date signed;
(c)
Upon receipt of the completed form DSMV 329, the applicant shall
satisfactorily complete:
(1) The knowledge examination set forth in Saf-C 1805.01(b)(2); and
(2) The road skills examination set forth in Saf-C 1806.01.
(d)
In the event the applicant successfully passes the restriction removal
requirements, the director shall issue a new commercial driver license.
Source. #8405, eff 8-2-05, (formerly Saf-C 1804.02);
ss by #10523, eff 2-18-14
PART Saf-C
1808 SUSPENSION OF COMMERCIAL DRIVER
LICENSE OR ENDORSEMENT(S)
Saf-C
1808.01 Hearing. Prior to the suspension of a commercial
driver license or endorsement(s), or the disqualification of a person from
driving a commercial motor vehicle, a person shall be given notice and the
opportunity for an administrative hearing in accordance with the provisions of Saf-C 200.
Source. #8405, eff 8-2-05, (formerly Saf-C 1805.01);
ss by #10523, eff 2-18-14; ss by 13442, eff 8-29-22
Saf-C
1808.02 Suspension of Endorsement(s)
- Good Cause.
(a)
Each driver who has been issued a commercial driver license endorsement
shall have such endorsement suspended for good cause.
(b)
For the purposes of (a) above, “good cause” shall include:
(1) A determination that the driver does not
possess the skills necessary to drive a commercial motor vehicle with a
particular endorsement, based upon the involvement of the driver in a motor
vehicle accident;
(2) A determination that the driver does not
possess the skills necessary to drive a commercial motor vehicle with a
particular endorsement, based upon traffic violations committed by the driver;
or
(3)
A determination that the driver has committed any of the listed offenses in Saf-C 1809.02(a) while operating a non-commercial vehicle.
Source. #8405, eff 8-2-05, (formerly Saf-C 1805.02);
ss by #10523, eff 2-18-14
Saf-C
1808.03 Length of Suspension.
(a)
For the purposes of Saf-C 1808.02(b)(2), an
endorsement shall be suspended for convictions of serious traffic violations
listed in RSA 259:98-a and committed
during a 3-year period as follows:
(1) Upon conviction of a second violation, 60
days; and
(2) Upon conviction of a third or subsequent
violation, 120 days.
(b)
The suspensions pursuant to this section shall be imposed consecutively.
(c)
When the serious offenses resulting in the disqualification listed in Saf-C 1808.03(a) occur in a non-CMV, the disqualification
shall only be applied provided the conviction results in the revocation,
cancellation, or suspension of his or her driver’s license, including a
commercial driver license or commercial endorsement.
(d)
For the purposes of Saf-C 1808.02(b)(2), an
endorsement shall be suspended for convictions or instances listed in RSA
263:94 as follows:
(1) Upon a first conviction or instance, a
disqualification of one year; and
(2) Upon a second conviction or instance, a
disqualification for life.
(e)
Notwithstanding the foregoing, the driver may petition for the return of
the CDL endorsement not less than 10 years after the lifetime disqualification
provided the driver meets all the requirements set forth in Saf-C
1808.05. No driver shall be restored
from a lifetime disqualification more than once.
(f)
If any first conviction or first instance listed in Saf-C
1808.03 (d) occurs while the driver is transporting hazardous materials, the
disqualification shall be for 3 years.
Source. #8405, eff 8-2-05, (formerly Saf-C 1805.03);
ss by #10523, eff 2-18-14; amd by #12608, eff 8-22-18;
ss by #13442, eff 8-29-22
Saf-C
1808.04 Lifetime Disqualifications.
Notwithstanding any rules in this part to the contrary,
(a)
If a driver operates a motor vehicle and is convicted of using the
vehicle in the commission of a felony involving manufacturing, distributing, or
dispensing a controlled substance, as defined by RSA 318-B:1, the driver shall
be disqualified from operating a commercial motor vehicle for life and shall
not be subject to reinstatement; and
(b)
If a driver operates a motor vehicle and is convicted of using a
commercial motor vehicle in the commission of a felony involving an act or
practice of severe forms of trafficking in persons, as defined and described in
22 U.S.C. 7102(11), the driver shall be disqualified from operating a
commercial motor vehicle for life and shall not be subject to reinstatement.
Source. #13442, eff 8-29-22
Saf-C 1808.05 Request for Reinstatement 10 Years After
Lifetime Disqualification.
(a) A person who has been disqualified from
driving a commercial motor vehicle for life pursuant to RSA 263:94, III may
apply for a hearing in accordance with the provisions of Saf-C
200 to reinstate his or her commercial driver license, not less than 10 years
after disqualification.
(b) A hearings examiner shall determine whether a
person who has requested a hearing pursuant to (a) above, has demonstrated good
cause for his or her commercial driver license to be reinstated.
(c) For the purposes of (b) above, good cause
shall include:
(1) A review of the person’s driver record in
this state or any other jurisdiction for the 10 years preceding the date of
application for reinstatement that shows no violations under (d) below;
(2)
Evidence of completion of an approved
Attitudinal Dynamics of Driving class as provided in Saf-C
212.10 and Saf-C 212.11, with a completion date of
not less than 3 months preceding the date of application for
reinstatement. Satisfactory evidence
shall be a certificate from one of the program providers approved by the
director. A list of approved providers
shall be available at https://www.nh.gov/safety/divisions/dmv/financial-responsibility/improvement.htm;
(3)
If an alcohol education program was
required as a result of a conviction that caused the
lifetime disqualification, evidence in the form of a completion certificate
from an approved Impaired Driver Care Management Program (IDCMP) approved by
the New Hampshire department of health and human services, or an out-of-state
program meeting the requirements of He-A 506; and
(4)
If a required alcohol education program
pursuant to (c)(3) above was completed more than 6 months preceding the date of
application for reinstatement, evidence of an updated low risk evaluation. Evidence shall be in the form of a written
report from a licensed alcohol and drug counselor in New Hampshire or an individual
holding an equivalent licensed professional designation from another state.
(d) A person shall not be eligible for
reinstatement of his or her commercial driver license pursuant to this section
if a review of the driver record pursuant to (c)(1) above
shows the following:
(1)
A conviction for an offense involving
the operation of a commercial motor vehicle;
(2)
A conviction or administrative
suspension for an offense involving alcohol, controlled substances, or
inhalants in any motor vehicle;
(3)
A conviction for conduct after an accident in any motor vehicle;
(4)
A conviction for reckless operation in
any motor vehicle;
(5)
A felony conviction involving the
operation of any motor vehicle; or
(6)
A revocation of driving privileges as a result of being a habitual offender pursuant to RSA
259:39 and RSA 262:19.
(e) If a person, after a hearing, is determined to
be eligible for reinstatement pursuant to this section, he or she shall:
(1)
Meet all the requirements of Saf-C 1803; and
(2)
Meet the examination requirements set
forth in Saf-C 1804.01.
Source. #12608, eff 8-22-18;
renumbered by #13442 (formerly Saf-C 1808.04)
Saf-C 1808.06 RSA 265-A:25, Commercial Driver License
Hearing.
(a)
Upon receipt of the report required by RSA 265-A:25, IV, the financial
responsibility administrator or a hearings examiner shall review the document
to ensure the basic elements required by law have been met.
(b)
Provided the report conforms to statute, the department shall forward to
the person a notice of action advising the person of the revocation of his or
her commercial driver license or privileges for a minimum of one year, or a
lifetime revocation, effective immediately.
(c)
For the purposes of determining a one year minimum or lifetime
revocation, the following shall apply:
(1) If a person has no prior
refusals or test results under this section subsequent to
September 20, 2002, the commercial driver license or operating privileges shall
be revoked for a minimum of one year; and
(2) If a person has a prior
refusal or test results under this section subsequent to
September 20, 2002, the commercial driver license or operating privilege shall
be revoked for life, with an opportunity for a review after 10 years.
(d)
If the report indicates test results of .04 blood alcohol content (bac)
to less than .08 bac, or the driver refused the test, only the commercial
driver license or privileges shall be affected.
If there are no other suspensions or revocations in effect, the person
shall be immediately eligible for a noncommercial operator's driver license,
pursuant to RSA 263:42, I.
(e)
The person may request a hearing pursuant to RSA 265-A:25 by submitting
a written request to the bureau of hearings, which must be received by the bureau
within 30 days from the date of notice for a hearing to be scheduled. Such a request shall not delay, postpone, or
otherwise interrupt the revocation.
(f)
The law enforcement officer, who forwarded the report required by RSA
265-A:25, IV, shall be notified of the date, time, and location of the hearing
and shall be required to appear and produce relevant evidence.
(g)
If a report indicates test results of .04 blood alcohol content (bac) to
less than .08 bac, or the driver refused the test, the scope of the hearing
shall be as specified in RSA 265-A:31, except that the provisions of RSA
265-A:25, IV shall be substituted for RSA 265-A:31, II(d).
(h)
If a report indicates test results greater than (g), above, or if the
report indicates that the driver was under age 21 at the time of the offense
and the test results were greater than .04 bac, the scope of the hearing shall
be as specified in RSA 265-A:31.
(i) If the suspension is upheld in (h), above,
the penalty shall be imposed as follows:
(1) The driver license shall be
suspended as specified in RSA 265-A:30, II(a) and (b); and
(2) The commercial driver
license shall be suspended as specified in RSA 263:94.
(j)
The hearings examiner's order shall be forwarded to the person concerned,
or his or her legal counsel, within 15 calendar days after conclusion of the
hearing.
Source. #6337, eff 9-25-96
(formerly Saf-C 203.111); amd
by #7349, eff 8-22-00; amd by #8174, INTERIM, eff
9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13; ss by #12608, eff 8-22-18 (formerly Saf-C 204.11); ss by #13442, eff 8-29-22 (formerly Saf-C 1808.05)
Saf-C 1808.07 Suspension of a New Hampshire Nonresident
Commercial Driver License. Upon
notification from a court that a New Hampshire nonresident commercial driver
license holder has been convicted of a violation set forth in RSA 263:94, the
commissioner shall issue a notice of suspension to the licensee at the last
known address for the time period specified under RSA
263:94.
Source. #8405, eff 8-2-05,
(formerly Saf-C 1805.04); ss by #10523, eff 2-18-14;
ss by #12608, eff (formerly Saf-C 204.12) renumbered
by #13442 (formerly Saf-C 1808.06)
Saf-C 1808.08 Suspension for False Information. In the event the department determines that an
applicant has misrepresented or falsified information on his/her application
which would or did enable him/her to obtain a commercial driver license or
endorsement(s), the department, after giving notice and the opportunity for an
administrative hearing, shall suspend the commercial driver license, if
applicable, or disqualify the applicant from driving a commercial motor
vehicle, for a period of 90 days.
Source. #8405, eff 8-2-05,
(formerly Saf-C 1805.04); ss by #10523, eff 2-18-14; renumbered by #12608,
(formerly Saf-C 1808.04); renumbered by #13442
(formerly Saf-C 1808.07)
PART
Saf-C 1809
TRAFFIC VIOLATIONS
Saf-C
1809.01 Notification Required by
Commercial Driver.
(a)
Pursuant to RSA 263:84, each commercial driver shall notify the
department within 30 days of the date of conviction for a violation of a
traffic law, other than a parking violation.
(b)
For the purposes of (a) above, each commercial driver shall notify the
department of the following:
(1) Legal name and permanent address;
(2) Driver license number;
(3) Description of violation;
(4) Date of violation;
(5) Date of conviction;
(6) State where the violation occurred;
(7) Name of court;
(8) Fine imposed;
(9) Sentence imposed, to include any revocation,
if applicable;
(10) Whether the vehicle weighed 26,001 pounds or
more at the time of the violation;
(11) Whether the vehicle driven at the time of the
violation was a bus;
(12)
Whether hazardous materials were being
transported at the time of the violation; and
(13) Signature of driver and date signed.
Source. #8405, eff 8-2-05, (formerly Saf-C 1806.01);
ss by #10523, eff 2-18-14
Saf-C
1809.02 Serious Traffic Violations.
(a)
For the purposes of RSA 259:98-a, the following convictions shall be
considered serious traffic violations:
(1) Excessive speeding, pursuant to RSA 265:60,
involving any single offense for any speed of 15 miles per hour or more above
the posted speed limit;
(2) Reckless driving, pursuant to RSA 265:79,
including, but not limited to, offenses for driving a commercial motor vehicle
in willful or wanton disregard for the safety of persons or property;
(3) Improper or erratic lane changes, pursuant to
RSA 265:24, RSA 265:44, and RSA 265:45;
(4) Following too closely, pursuant to RSA 265:25;
(5) Driving without having obtained a commercial
driver license;
(6) Driving without having a valid commercial
driver license in possession;
(7) Any violation of state traffic laws arising
in connection with a fatal accident;
(8) Driving a CMV without the proper class of CDL
and/or endorsements for the specific vehicle group being operated or for the
passengers or type of cargo being transported; and
(9) Any violation of RSA 265:105-a. For purposes of this subparagraph only a
violation shall not include operating a commercial motor vehicle when the
driver has moved the vehicle to the side of, or off, a highway and has halted
in a location where the vehicle can safely remain stationary.
Source. #8405, eff 8-2-05, (formerly Saf-C 1806.02); ss
by #10523, eff 2-18-14
Saf-C
1809.03 Notification of Traffic
Violations by Court.
(a)
Pursuant to RSA 263:97, I(a), the clerk of court having jurisdiction
shall notify the department of the conviction of any resident or non-resident
commercial driver.
(b)
For the purposes of (a) above, the clerk of court shall notify the
department of the following:
(1) Docket number;
(2) Name of court;
(3) Driver's legal name and permanent address;
(4) Date of violation;
(5) Motor vehicle registration;
(6) Description of vehicle;
(7) Violation(s) committed;
(8) RSA violated;
(9) Name of complainant;
(10) Plea;
(11) Finding; and
(12) Sentence imposed.
Source. #8405, eff 8-2-05, (formerly Saf-C 1806.03);
ss by #10523, eff 2-18-14
PART
Saf-C 1810
COMMERCIAL DRIVER LEARNER PERMIT
Saf-C
1810.01 Commercial Driver Learner
Permit. A commercial driver learner
permit shall be issued by the department, in accordance with the provisions of
RSA 263:25 and RSA 263:88.
Source. #8405, eff 8-2-05, (formerly 1807.01); ss by
#10523, eff 2-18-14
Appendix
Rule |
|
Saf-C 1801.01 |
RSA 259:12-e |
Saf-C 1801.02 |
RSA 21-P:14, IV(m); RSA 263:98, VI |
Saf-C 1802.01 |
RSA 541-A:7 |
Saf-C 1802.02 |
RSA 259:12 |
Saf-C 1802.03 |
RSA 259:12-b |
Saf-C 1802.04 |
RSA 259:12-c |
Saf-C 1802.05 |
RSA 259:12-d |
Saf-C 1802.06 |
RSA 259:12-e |
Saf-C 1802.07 |
RSA 259:14, II |
Saf-C 1802.08 |
RSA 259:19 |
Saf-C 1802.09 |
RSA 259:20 |
Saf-C 1802.10 |
RSA 259:20-a |
Saf-C 1802.11 |
RSA 259:22 |
Saf-C 1802.12 |
RSA 259:28-a |
Saf-C 1802.13-1802.14 |
RSA 541-A:7 |
Saf-C 1802.15 |
RSA 259:38-a |
Saf-C 1802.16 |
RSA 259:38-b |
Saf-C 1802.17 |
RSA 259:40 |
Saf-C 1802.18-1802.22 |
RSA 541-A:7 |
Saf-C 1802.13-1802.14 |
RSA 541-A:7 |
Saf-C 1802.23 |
RSA 259:84-a |
Saf-C 1802.24 |
RSA 21:6-a |
Saf-C 1802.25 |
RSA 21:6 |
Saf-C 1802.26 |
RSA 259:98-a |
Saf-C 1802.27 |
RSA 259:106, III |
Saf-C 1802.28 |
RSA 541-A:7; 49 CFR 171.8 |
Saf-C 1802.29 |
RSA 259:122, I |
Saf-C 1802.30 |
RSA 541-A:7 |
Saf-C 1803.01-1803.02 |
RSA 21-P:14, IV (m); RSA 263:90 |
Saf-C 1803.03 |
RSA 21-P:14, IV(m); RSA 263:42, I |
Saf-C 1803.05 |
RSA 21-P:14, IV(m); RSA 263:93; RSA 263:98, X |
Saf-C 1803.06 |
RSA 21-P:14, IV(m); RSA 21-P:18; RSA 263:22; RSA
263:27 |
Saf-C 1803.07-1803.10 |
RSA 21-P:14, IV(m); RSA 263:98, III |
Saf-C 1804.01-1804.03 |
RSA 21-P:14, IV(m); RSA 263:87; RSA 263:92; RSA 263:93 RSA 263:98, III, X |
Saf-C 1805.01-1805.02 |
RSA 21-P:14, IV(m); RSA 263:98, III |
Saf-C 1806.01-1806.07 |
RSA 21-P:14, IV(m); RSA 263:98, III |
Saf-C 1806.01-1806.08 |
RSA 21-P:14, IV(m); RSA 263:98, III |
Saf-C 1807.01 |
RSA 21-P:14, IV(m); RSA 263:92; RSA 263:98, X |
Saf-C 1808.01 |
RSA 263:94, VII
and RSA 541-A:30 |
Saf-C 1808.02 |
RSA 21-P:14, IV(m); RSA 263:92; RSA 263:98, X |
Saf-C 1808.03 |
RSA 263:82,
I(b); RSA 259:98-a; RSA 263:94 |
Saf-C 1808.04 |
RSA 263:82; RSA
263:94 |
Saf-C 1808.05 |
RSA 21-P:14, IV(m); RSA 263:94, IV; RSA 265-A:25 |
Saf-C 1808.06 |
RSA 265-A:25 |
Saf-C 1809.01 |
RSA 21-P:14, IV(m); RSA 263:84; RSA 263:98, I |
Saf-C 1809.02 |
RSA 21-P:14, IV(m); RSA 263:98, VII |
Saf-C 1809.03 |
RSA 21-P:14, IV(m); RSA 263:97, I(b); RSA 263:98, II |
Saf-C 1810.01 |
RSA 21-P:14, IV(m); RSA 263:25; RSA 263:88 |